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A recent National Incident Management System (NIMS) update open-eyed from the NIMS Implementation Center, enclosed mysterious suggestion to a often asked request for information (FAQ) papers on the FEMA website. This document, announce on April 20, 2007, resembling numerous documents until that time it was richly hidden within the FEMA website, convenient solitary to those who knew wherever to breakthrough it.

The ending two questions on this FAQ written document dealt with a hot argumentation concerning the repercussions of failing to be NIMS obedient until that time the looming September 30, 2007 point in time.

The prototypal answered the cross-examine of whether the Joint Commission hunted NIMS conformity for enfranchisement. The answers stated "Not at this instance."

The 2nd ask similarly was a feedback to inquiries concerning whether CMS required NIMS respect for Medicare and Medicaid benefits and reimbursements. Again the response was "Not at this instance."

The April 20th news was announce all but precisely cardinal weeks to the day after High Alert, LLC. in private circulated a pre-released negotiable instrument of its achromatic weekly on the institute of NIMS, NRP, the NIMS Implementation Plan for Hospitals and Healthcare, the Federal False Claims Act (Qui Tam) and the Sarbanes-Oxley Act. In that a great deal circulated document, High Alert documented several primeval positions by the Justice Department and the NIMS Implementation Center that settled hospitals and opposite health care facilities at stake of Medicare fraud and the repercussions of that cheating nether both Federal False Claims Act and Sarbanes-Oxley.

High Alert measured the claxton fright notification that ruin to be NIMS respectful spell static asking Medicare and Medicaid could comprise a vandalism of the Federal False Claim Act, so opening institutions to main judicial repercussions.

Several judicial scholars had reviewed this potential and concurred with High Alert's conclusions, totalling that wilful vision defect concerning NIMS Compliance does not make up a defending team. Similarly, the certainty that Federal False Claims complaints are sealed for the prototypic 120 years would by demand be going to that care facilities and hospitals entry Sarbanes-Oxley Reports patch below a Federal False Claims grievance would be shamefaced of a ordinal violation, that individual a fake Sarbanes-Oxley Attestation.

Several officials inside the Department of Homeland Security, FEMA and Department of Health and Human Services requested copies of the High Alert negotiable instrument document in the weeks antecedent to its ceremonial set free in untimely April. Within a period of the emanation of High Alert's albescent dissertation the FAQ statements were announce to the internet. Interestingly, it was not until tardy June that the existence of these clarifications was publicized.

This raises the ghost of a continuing thought to position hospitals and tending facilities in exposure of violating of both the Joint Commission Accreditation guidelines and the Federal False Claims Act for failed to be fill NIMS conformity by the September 30 point in time.

Hospitals and tending facilities can pilfer a unimportant comfort in the certainty that this FAQ written document spell out "not at this time" in outcome inquires that the possibilities raised by High Alert's copy will effect in very national criminal prosecution.

There more persists the cross-examine of whether or not a insular relator can send Qui Tam feat beneath the Federal False Claims Act, in spite of the reality that the national command is at present disallowing any meaning of conveyance such as claims on its own, "at this case."

The precedent of the Federal False Claims Act demonstrates that enforcement has been for the most part at the extremity of offstage citizens acting in the drive of "relator" transfer Qui Tam actions in this manner of all time expanding the application and suggestion of the Federal False Claims Act.

The jural contacts involving possession beneath Federal False Claims and the Sarbanes-Oxley Attestation has been fixed some by High Alert and by others. Thus when Qui Tam arrangements are with success argued for nonaccomplishment to abide by with NIMS hospitals and their corporate executives would facade in earnest permissible danger.

Of even greater attentiveness is the information that even if a Qui Tam exploit were unsuccessful, the fact that the Qui Tam performance may not be unveiled by any knees-up requires that the years of this likely liability be omitted from any Sarbanes-Oxley word filed during the related to case framing. This willful error of a soon-to-be susceptibility is the drastically account of a Sarbanes-Oxley revelation offense. Due to this allowed "catch 22," the CEO and CFO who autographed the dishonest Sarbanes-Oxley Attestation external body part well-mannered and antisocial action at law.

The new NIMS Integration Center open-eyed and its related to FAQ written document may relieve the fears of hospitals as they modify pass on summarily to touch the September 30 execution point in time. However, those facilities who estimation this piece of writing as support that within are no prodigious repercussions for fiasco to be NIMS respectful may find that the copies of the High Alert papers circulated at the Department of Homeland Security, FEMA, the NIMS Implementation Center and CMS served as a example for NIMS social control.

The last ask is, did the Federal polity inborn reflex or is this a bit of informational facility of hand?